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When Does Medical Marijuana Become ‘Usable?’


drying marijuanaWhat Is ‘Usable’ Medical Marijuana?

The Associated Press released an article that talked about the case of Josh Brewer from Rogue River, Oregon. Josh Brewer was arrested after cops searched his house and found fully dried and drying medical marijuana. Josh Brewer is an Oregon medical marijuana patient who had a garden with his cousin who is also a medical marijuana patient. In total, the cops found 42 ounces of dried marijuana, 12 plants, and 43 ounces of drying marijuana. According to Oregon law, two patients can posses up to 48 ounces at a property, but the law refers to usable marijuana.

One thing that I’d like to address is the comment in the AP article talking about ‘After all, even 1.5 pounds by one measure would equal 1,200 joints.’ You can always tell when an article is written by someone who has little to no clue about marijuana. Why would they put it into joints other than to try to alarm readers by the magnitude of the amount. However, what size of joints are we talking about? Pinners, pregos, jumbos? That’s a very subjective claim that quite frankly is meaningless. I really wish the AP would stop doing things like that but I won’t hold my breath.

Originally Brewer filed a motion to dismiss the case, however, the motion was denied. Josh Brewer served 60 days in jail in addition to probation. Last week, upon reviewing the appeal, the Oregon Attorney General’s Office decided to not pursue the case because Oregon case law states that drying marijuana is not ‘usable’ and and therefore can’t be counted in the final tally. “Without the hanging marijuana, there is no evidence that defendant possessed more than the lawful amount of ‘usable marijuana,'” said the state brief on Brewer’s appeal.

Another issue that I have with the AP article is the excerpt, “Research done for the U.S. Drug Enforcement Agency found that marijuana plants can yield 1 to 5 pounds dry weight, with the prized buds making up 18 percent and leaves 16 percent.” So a huge number range is thrown out, then percentages specify how much of the plant is usable, without stating what that actually works out to. Does that bother anyone else? Wouldn’t it have been easier, and more accurate, to say that plants yield between 2.88 ounces and 14.4 ounces?

I really hope that Josh Brewer gets restitution for his days in jail and all of this harassment. A cops’ job is to uphold the law, including case law. To say that they didn’t know about the relevant case law would prove incompetence if not negligence. It sounds like Josh Brewer is ready to stick it to the man though. “I hope these cops realize after this they can come and try and get me as much as they want, but the more they come, the more I’m going to fight,” Josh Brewer said.

A little fact – Ninjasmoker was actually arrested once upon a time for possessing over 25 pounds of marijuana. Some of it was usable, but most of it was just trimmings being transported for hash making. It brings up two points: 1) when is marijuana usable, and who decides that? Dried is such a subjective term, how could that ever possibly be measured 2) If a cop said that the non-dried marijuana was still going to be used for something other than smoking it, would that change the outcome? I’m just curious how many people out there are going to try to say the marijuana isn’t usable, just to get f’d in the end because the officer changes the ‘usable’ argument on it’s head…I guess only time will tell!


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Johnny Green


  1. I was using the math from the AP article. 1-5 pounds, with 18% of it being nugs. I wasn’t questioning their math so much as how they presented it. The most I have ever seen come off of a plant personally was 5 pounds of nug on an outdoor plant, and 24 ounces on an indoor plant. Although, I’ve heard of people in Southern Oregon/Northern Cali that have produced more. Whether or not it was true or they were just ‘fish tales’ I’m not sure.

  2. Little curious as to how you reached 2.88-14.4 ounces? I’ve seen plants in a 12 inch tall sea of green yield only 7 grams each. Likewise up in Humboldt I’ve seen 6lb yielders and watched people get UPSET that they yielded less per plant than past years.

  3. Interesting—I have a MM prescription.

    I have my allotted plants but they grow just for the leaf AND IT WORKS JUST FINE.

    Is it usable or unusable????

  4. The point of legally defining “usable” IS valid, and easy to do, I’m sure the tobacco industry has such standards. I know I keep my Cigars at 70% humidity. Lets say (because at least some of us want to argue) that marijuana won’t burn until 65% dry (a close guess). make that the limit. also set a cellulose content limit. I’m guessing it’s an easy way to cover stem usability.

    So I think YES, legally define limits, using our brains, & the CSI’s could have saved everyone time & money (I’m sure checking the moisture content of pot can’t be that frigging tough.)


  5. How absolutely sad and ridiculous is this argument? How does Oregon and ALL the people attached not feel like fools having these retarded trials and conversations?

    The medicinal properties are absolutely supported – show me a real, and respected, clinical trial that does NOT show that marijuana to possesses both medicinal and therapeutic properties. Show me any real death that are a constant threat, under marijuana (and anomalies and asthma-choking victims don’t count. Smoking, with lung problems, is a life decision not a weed consequence).

    Frivolity and unjust prudishness is killing our legal system, and therefore local/state economies. In 2012, if you are NOT aware of the affects that cigarettes, alcohol and weed have on you – then you should be suing your educational system and your parents/guardians because they have led you to be a moron!

    The funny thing is that of those three – the two that are legal are the most lethal —-especially alcohol!! However, I want to make clear that I like believe that all three should be legal. The affects that the have on the population [as a whole] – far outweigh the negative. Sorry, it’s the truth and just asked the people who used them [fully aware of the possible health side effects].

    It sucks people won’t just state the obvious truth – out of fear of being “shamed” by a few loud mouth – pushy few desperate to have their face plastered somewhere.

    These vices are mental blockers-of-bullshit! Most people have a moment where they need to have their minds blocked from the bull shit in their life — at least, for a moment.

    Do you know how many bosses would get their teeth knocked in – if people could not take a smoke break? How angry and aggravated people would be without the occasional joint? Why would I visit my boring friends and family, if I could not get a drink? Television sucks balls but weed+television=hilarious.

    Truth moment: the people in this world and the trials of this life — they can real heavy sometime and its a lot easier to shake that off and keep on going if you can relax and have a good time. Liquor, cigarettes and weed help. Period. I have worked at some of the largest companies – to small mom and pops and I have never seen a anyone turn down a shot, at a joint OR a hit of Christian Brothers. Not ever. However, I was very popular.

    I work, on average 55 hour a week. I have been working since I was 14 – currently enrolling in grad school and I am a huge pothead. Good news is so are a lot of people. I know more functioning potheads that I can quickly estimate. Vice Presidents to mail-room clerks.

    I am high right now!! That is why I feel no shame – in speaking my complete mind. Even if it becomes a rant (that and I am waiting for my cat to be fixed).

    Weed should be legal. Not having, at least, medicinal permission is just cruel and ridiculous. It’s the most hypocritical and cruel, unjust thing ever!!!! Even if you don’t agree with it – what the fuck do you care if the cancer, lupus, migraine, or MS patient wants to smoke a fucking joint??? Could you imagine the pain that they live every day? Every fucking day and, yet, you make it illegal to use something that is [really] harmless because you are a prickish, judgmental dick (who has probably hit more joints – in your life – than a few).

    Why would you blame the WHOLE of society – for a minor FEW that abuse the shit and take it to another level, of WTF? More than likely, if little Susie or Johnny were going to grow up to be be ball-throwing-crackheads; the absence of weed was not stopping that problem from it’s eventual appearance. Hell, alcohol makes a better lubricant for that type of screw-up but the truth is that type of person – was going to find a way to become that type of person.

    In fact, where were these watchdogs – when these people where at the begin of their downward spiral?

    Legalize weed period. Let the green leaf grow!!!!

    Govern it, under the same rules of alcohol (you know the legal shit with, 100s of 1000s, of deaths attached to it). Just add “and weed” next to all the criminal codes that mention alcohol. Hire some more ATF, DEF — whatever the fed-drug guys.

    Then tax the shit out of it! Give that money to the cities FIRST, an then the state and watch the calmness flourish.

    Require licenses and “regulation”passes for growers and wholesalers/retailers. What fake ass governmental fees you need – to make you happy. Require quality inspections and monthly checks for like a 49.99 fee (the government doesn’t have to be an absolute creep about the fees). Hell make it a government product …. you will create millions of jobs!!! Also, people would love the government more because your weed is the best weed!! Now that shit is a true and proud AMERICAN product.

    But this stupid fucking lawsuit/ waste of time and effort/ that argues the “usable” point of weed. I refuse to believe that somewhere – some OR state official is not thinking “WTF?? with this stupid shit? Isn’t there real issues i could be addressing?”

    Alright, my car is ready. Bye

  6. When you get reefer madness people, interpreting reefer law, it shouldn’t be to hard to figure out what conclusions they will arrive at.

    25 LBS! Thats a lot of lady grass.

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